Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, it was not for a brother judge to re-open the questions decided. The judge hearing the appeal which had been permitted did not himself have jurisdiction to revisit the earlier leave application.

Judges:

Morritt VC

Citations:

Times 31-Jul-2001

Statutes:

Access to Justice Act 1999 54, Civil Procedure Rules Part 52 52.1(1) and 52.3

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 08 May 2022; Ref: scu.136161